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HomeMy WebLinkAboutSewer Line Easement - Conveyed to GCWC&ID #15 - Shell Employees Recreation Assoc 11L1L•11L1 - SEWER LINE EASEMENT STATE OF TEXAS COUNTY OF GALVESTON KNOW ALL MEN BY THESE PRESENTS : That SHELL EMPLOYEES RECREATION ASSOCIATION, INC. , a Texas corporation (herein called "Grantor") , for and in con- sideration of ten dollars ($10.00) to it in hand paid by WATER CONTROL & IMPROVEMENT DISTRICT #15, OF GALVESTON COUNTY, TEXAS (herein called "Grantee" ) , its successors and assigns, the receipt of which is hereby acknowledged, and for and in consideration of the covenants hereinafter made by Grantee, has granted, sold and conveyed, and by these presents does grant, sell, and convey unto said Grantee a right-of-way and easement for construction, opera- tion, maintenance, repair, and removal of a 12-inch sanitary sewer line across the following described strip of land situated in Galveston County, Texas : A strip of land 15 feet in width, being 7-1/2 feet on each side of the following described center line: COMMENCING at the most southerly corner of Lot 5, and the most westerly corner of Lot 14, Block 8, Sarah as McKissiciakLeague, Abstract 151, Antoinette Voss Sub- division as recorded in Volume 254, Page 72 of the Map Records of Galveston County, Texas, said point being on the southeasterly extension of the northeast right of way line of an existing 60 foot county road which line is also the southwest property line of the said Lot 5; THENCE in a northwesterly direction along said property line extension a distance of 10.9 feet to a point for corner, said point being the most westerly corner of that tract of land described in Right of Way Deed from Shell Employees Recreation Association, Inc . , to the State of Texas, dated the third day of August, 1956 and recorded in Deed Record. Book No . 1163, Page Nos. 654+ to 656 inclusive of the Deed Records of Galveston County, Texas; THENCE N 45 ° 05 ' 30" E a distance of 1199.58 feet parallel to and 45 feet to the left of the center line of FM Highway �. F..`= / ' (\F 0' 528 to a point for corner; THENCE N 44° 51 ' 30" E a distance of 890.42 feet parallel to and 45 feet to the left of the center line of FM Highway 528 to the PLACE OF BEGINNING for the herein described center line; THENCE N 45° 081 30" W a distance of 639.0 feet, more or less to a point in a line marked by a wire fence 20.0 feet northwesterly and parallel to the northwest property line of Lot 8, Block 8 of the said. Subdivision, said line being the most northwesterly property line of that tract of land described in Deed from John B. Saragusa to Shell Employees Recreation Association, Inc. , dated the sixteenth da of April 1954, and recorded in Deed Record Book No . 1041, Pages 192 to 196, inclusive, of the Deed Records of Galveston County, Texas; together with the right of ingress and egress to and from the above- described strip for the purposes herein set forth. Said easement is granted on the following terms and conditions : 1. During the installation of said sewer line, Grantee shall have the right to use a strip of land 50 feet wide, being 25 feet on each side of the above-described center line . Upon the completion of the installation of said sewer line, Grantee shall confine all of its operations hereunder, including but not limited to its rights of ingress and egress, to the above-described 15-foot strip . 2. Upon completion of any operations hereunder, Grantee shall cause all trenches excavated hereunder to be back- filled and tamped., and shall restore the land of Grantor, and all fences and roads situated thereon, to their original condition. Grantee shall pay for any damages to growing crops and timber re- sulting from or incidental to its operations hereunder. 3. Grantee shall indemnify and hold Grantor harmless from all obligation, cost, liability, and/or expense for injuries or damages to persons or property caused by, growing out of, -2- arising from, or incidental to the exercise by Grantee of its rights hereunder. 4. The sewer line to be laid hereunder shall at all times be kept buried to a depth of 30 inches beneath the surface of the soil, or to a depth which is below ordinary plow depth in the vicinity where the above-described strip is situated., which- ever is the greater depth. 5 . If Grantee shall cease to use the above-described strip for the purposes hereof for six (6) consecutive months, the rights granted hereunder shall automatically terminate and revert to Grantor, and as evidence of such termination, Grantee shall execute a recordable release of this sewer line easement . 6 . The rights granted hereunder are expressly made subject to all existing easements, rights-of-way, deeds of trust, mortgages and/or liens affecting the above-described strip . 7. This instrument is executed without warranty of title, expressed or implied. The provisions hereof shall extend to and be binding upon the successors and assigns of the parties hereto. EXECUTED This '1/1-/ day of , 1964. ATTEST: SHEL EMPLOYEES RECREATION ASSOCIATION, INC. By Secretary President STATE OF TEXAS COUNTY OF /7/I Before me, the undersigned. authority, on this day personally appeared. J. F. Lee, President of Shell Employees Recreation Association, Inc. , a corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of said corporation, for the purposes and consideration therein ex pressed, and in the capacity therein stated . Given under my hand and seal of office, this the day of 1964. N tary Public in and for County, Texas ': T. ELLIS Public in and for Harris County,Texts -3- ..ii STATE OF TEXAS C,jUNTY OF GALVESTON J I, JOHN R. PLATTE, County Clerk of Galveston County, State of Texas, do hereby Certify that the foregoing in t of Writing, with its .rtil-icace of authentication was filed fog record in ;i:y u>.Tice on the . 14 day of .Februarys --.• S .64.. at ..1.1..30. 124., and recorded on the ...18 . day of ....F:R X'41A17 ..19 .64... ,at ...2.t10.... . o'clock, „P... M., _ - in Deed.:Record Book 160.7 Page ..s 89.. to.. 91..Irtc1. WITNESS my hand and Official.Seal, at my,office, in Galveston,Texas, on the date last above written. JOHN R. PLATTE, County-Clerk of Galveston Count ,Texas By. .. Deputy. .